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10/20/2016
Topic:
Landlord Routine Inspections - Tenant Rights?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this situation and would like to know what your rights are in this situation.

You may want to contact the nearest Community Legal Clinic for some information specific to your situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
10/20/2016
Topic:
Can they enter Elementary School?- Study Permit?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some information related to study permits and who requires one on the CIC Website in the Find out if your child needs a study permit section.


Here is an excerpt,

Minor children who are already in Canada accompanying a parent who is permitted to study or work may study in Canada without a study permit at the pre-school, primary and secondary levels.

A minor child of a parent who is not authorized to work or study in Canada (for example, their parent is authorized as a visitor) is not eligible to study in Canada without a study permit. These minor children must apply for a study permit from their country of last permanent residence.

Study permits for primary school students are issued for a period of one year and can be renewed, while study permits for students enrolled in secondary school (grades 9 to 12 in all provinces and territories except Quebec, and grades 9 to 11 in Quebec) can be issued for the full length of the intended period of study at a secondary school in Canada (maximum of four years).

Minor children at the pre-school and kindergarten levels are not required to hold a valid study permit.


The Education Act also prescribes when a non-resident student must be charged tuition fees.

Based on the Toronto District School Board (TDSB) requirements, individuals and dependents who come to Canada on a Visitor Record or who are dependents of a non-resident parent with a Study Permit who is enrolled in a postsecondary institution, are not eligible to attend school without payment of fees and will likely be required to pay fees to the TDSB.


We suggest that you review this Toronto District School Board (TDSB) Admission Eligibility Requirement document. In this document you will find a very helpful chart that outlines who is eligible to attend without paying fees.

You may also want to contact the School Board directly in the area where you will be moving to to find out what the requirements are and what to expect in your situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
10/20/2016
Topic:
Notice to End Tenancy and Landlord Entry

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in finding out what your rights are in this situation.

In terms of showing the unit to potential tenants, according to the Landlords' Self-Help Centre,




My tenant gave 60 days’ written notice to vacate their unit, and I am trying to show it to potential tenants. However, the old tenant is restricting when I can show the unit, and wants 24 hour notice before I enter. What can I do?


Legally the tenant does not have the right to choose when you can enter the unit for showings to prospective tenants, and in this case the 24 hour written notice is not even required as stated under sec. 26(3) of the Residential Tenancies Act: Entry to show rental unit to prospective tenants (3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if, (a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other; (b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and (c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so. 2006, c. 17, s. 26 (3). If he refuses to co-operate, you could try calling the Investigations and Enforcement Unit of the Ministry of Municipal Affairs and Housing at 416-585-7214 and discuss this issue with them.



In terms of the landlord entering the unit, you may want to contact the nearest Community Legal Clinic to see if what is stated above applies to your situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org


10/20/2016
Topic:
Misplaced Health Card

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

For information specific to your situation we suggest that you contact the Ministry of Health and Long-Term Care/ServiceOntario directly. You can also find some contact information here:

ServiceOntario, INFOline at:
1-866-532-3161 (Toll-free in Ontario only)
TTY 1-800-387-5559.
In Toronto, TTY 416-327-4282
Hours of operation : 8:30am - 5:00pm

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
10/20/2016
Topic:
Need a Lawyer

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some helpful information regarding how to find a lawyer in our Settlement.Org How do I find a lawyer? article.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
10/20/2016
Topic:
No Response from Landlord - Maintenance Issues

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in what your rights are in this situation.

You can find some information on the Social Justice Tribunals Ontario website in the Landlord and Tenant Board Frequently Asked Questions section.

Here is an excerpt,

Can I withhold rent because my landlord isn’t properly maintaining my building or unit?

No. If you withhold rent, the landlord can give you a notice of termination for non-payment of rent and then file an application to evict you.


What should I do if repairs are needed to my building or unit?

Talk to your landlord first about the problems. Put the problems in writing and give the list to the landlord or the person who takes care of maintenance (for example, to the superintendent or property manager).

If the landlord refuses to do the repairs or you think that the landlord is taking too long to deal with the problems, see the brochure: Maintenance and Repairs.


You may want to contact the nearest Community Legal Clinic for some information and assistance regarding how to proceed.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
10/20/2016
Topic:
Notice to End Tenancy and Landlord Entry

Moderator
Moderator
Hello,


Thanks for your additional question and comments.



In terms of the landlord entering the unit, it is best that you contact the nearest Community Legal Clinic to see what your rights are in this specific situation.


I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
10/20/2016
Topic:
How can I correct a mistake on application?

Moderator
Moderator
Hello Elliot,

Thank you for sharing your situation and question with us.

Unfortunately we are unable to provide definitive information regarding this type of immigration application process.

We suggest that it is best if you contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly for information specific to your situation and for responses specific to your questions.

I hope this information is helpful.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
10/20/2016
Topic:
Study Permit and Work Permit

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

Unfortunately, we are unable to provide detailed information regarding this type of immigration application process.

However, you can find some information in our Settlement.Org I am an international student. How can I stay in Canada after I graduate?
article.

In terms of cost of living you can find some information in our Settlement.Org What are the monthly living expenses for a family of 3? article.

I hope this information is helpful.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
10/21/2016
Topic:
Validity of my PR status

Moderator
Moderator
Hello,

Thank you for your question.

We can appreciate that you would be concerned about this.

In terms of your question regarding reapplying for the immigration visa, as you may already know, a person does not lose their permanent resident status until a final determination has been made.
This means that your PR status needs to be formally removed. You can find some information on the Immigration, Refugees and Citizenship Canada (IRCC) website, Here is an excerpt,


Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.
You may lose your permanent resident status if:
You may lose your permanent resident status in one of the ways described above if:
  • you do not live in Canada for two out of five years;
  • you are convicted of a serious crime and told to leave Canada; or
  • you become a Canadian citizen.
You do not lose your permanent resident status if your PR card expires.


Additionally, according to the Immigration, Refugees, and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual,

It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.


It also states in relation to the process of loss of permanent residency,


5. Departmental Policy

When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.

The form Questionnaire: Determination of Permanent Resident Status (IMM 5511B) has been developed specifically to assist officers in making decisions regarding the permanent residency obligation, keeping in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining humanitarian and compassionate criteria under A28(2)(c) is needed.

Furthermore, the officer cannot seize the person’s documents (such as the IMM 1000, Immigrant Visa and Record of Landing and the IMM 5292B, for example) despite writing an A44(1) report and issuing a removal order unless the officer believes there are reasonable grounds to do so in accordance with A140. The rationale behind this is that the person has a right to appeal the removal order and, until final determination of status, they remain a permanent resident and are the lawful owner of said documents.


Additionally, we have previously received some information from one of our legal researchers related to being in Canada after not meeting the residency requirements.

According to their research, the five-year time frame set out in the Refugee and Immigrant Protection Act is not static. Rather it is a moveable window that is dependent on the time at which a visa officer examines your situation. Therefore, if you cannot fulfill the two-year (730 day) requirement for the five-year time frame starting from when you became a permanent resident, you should remain in Canada until you can satisfy the requirement for another five-year time frame.

The IRCC’s Permanent Residency Status Determination Manual states:

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.


Since the officer cannot choose any five-year time period for consideration, but must always assess the most recent five-year time period (the one immediately preceding examination), you may still have the opportunity to satisfy the two-year “in Canada” requirement.

In terms of applying for a PR card, you are not required to have a PR card in order to remain a permanent resident. It is required to re-enter Canada.


In terms of re-entering Canada, you can find some information on the CIC website in the I am outside of Canada and do not have a PR card. How can I return to Canada? section.

Here is an excerpt,

I am outside of Canada and do not have a PR card. How can I return to Canada?

Canada’s entry requirements are changing

Permanent residents (PR) of Canada must carry and present their valid PR card or permanent resident travel document (PRTD) when boarding a flight to Canada, or travelling to Canada on any other commercial carrier. If you do not carry your PR card or PRTD, you may not be able to board your flight, train, bus or boat to Canada.

It is your responsibility to ensure that your PR card is still valid when you return from travel outside Canada, and to apply for a new PR card when your current card expires.

Returning by private vehicle

There are other documents you can use to enter the country.

When you return to Canada, apply for a PR card if you plan to travel outside Canada again.

Some examples of private vehicles include, but are not limited to: a car, truck, motorcycle, or recreational vehicle that you own, borrow, or rent, and that is not available for public use.

Returning by commercial vehicle: airplane, bus, train, or boat

You must apply for a permanent resident travel document (PRTD), valid for one entry. Otherwise you may not be able to travel to Canada.

You can apply to replace your PR card when you return to Canada.



We suggest that you speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding your situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
10/24/2016
Topic:
Can I still renew my PR card?

Moderator
Moderator
Hello,

Thank you for your question.

We can appreciate that you would be concerned about this.

In terms of your question regarding reapplying for the immigration visa, as you may already know, a person does not lose their permanent resident status until a final determination has been made.
This means that your PR status needs to be formally removed. You can find some information on the Immigration, Refugees and Citizenship Canada (IRCC) website, Here is an excerpt,


Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.
You may lose your permanent resident status if:
You may lose your permanent resident status in one of the ways described above if:
  • you do not live in Canada for two out of five years;
  • you are convicted of a serious crime and told to leave Canada; or
  • you become a Canadian citizen.
You do not lose your permanent resident status if your PR card expires.


Additionally, according to the Immigration, Refugees, and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual,

It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.


It also states in relation to the process of loss of permanent residency,


5. Departmental Policy

When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.

The form Questionnaire: Determination of Permanent Resident Status (IMM 5511B) has been developed specifically to assist officers in making decisions regarding the permanent residency obligation, keeping in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining humanitarian and compassionate criteria under A28(2)(c) is needed.

Furthermore, the officer cannot seize the person’s documents (such as the IMM 1000, Immigrant Visa and Record of Landing and the IMM 5292B, for example) despite writing an A44(1) report and issuing a removal order unless the officer believes there are reasonable grounds to do so in accordance with A140. The rationale behind this is that the person has a right to appeal the removal order and, until final determination of status, they remain a permanent resident and are the lawful owner of said documents.


Additionally, we have previously received some information from one of our legal researchers related to being in Canada after not meeting the residency requirements.

According to their research, the five-year time frame set out in the Refugee and Immigrant Protection Act is not static. Rather it is a moveable window that is dependent on the time at which a visa officer examines your situation. Therefore, if you cannot fulfill the two-year (730 day) requirement for the five-year time frame starting from when you became a permanent resident, you should remain in Canada until you can satisfy the requirement for another five-year time frame.

The IRCC’s Permanent Residency Status Determination Manual states:

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.


Since the officer cannot choose any five-year time period for consideration, but must always assess the most recent five-year time period (the one immediately preceding examination), you may still have the opportunity to satisfy the two-year “in Canada” requirement.

In terms of applying for a PR card, you are not required to have a PR card in order to remain a permanent resident. It is required to re-enter Canada.


In terms of re-entering Canada, you can find some information on the CIC website in the I am outside of Canada and do not have a PR card. How can I return to Canada? section.

Here is an excerpt,

I am outside of Canada and do not have a PR card. How can I return to Canada?

Canada’s entry requirements are changing

Permanent residents (PR) of Canada must carry and present their valid PR card or permanent resident travel document (PRTD) when boarding a flight to Canada, or travelling to Canada on any other commercial carrier. If you do not carry your PR card or PRTD, you may not be able to board your flight, train, bus or boat to Canada.

It is your responsibility to ensure that your PR card is still valid when you return from travel outside Canada, and to apply for a new PR card when your current card expires.

Returning by private vehicle

There are other documents you can use to enter the country.

When you return to Canada, apply for a PR card if you plan to travel outside Canada again.

Some examples of private vehicles include, but are not limited to: a car, truck, motorcycle, or recreational vehicle that you own, borrow, or rent, and that is not available for public use.

Returning by commercial vehicle: airplane, bus, train, or boat

You must apply for a permanent resident travel document (PRTD), valid for one entry. Otherwise you may not be able to travel to Canada.

You can apply to replace your PR card when you return to Canada.



We suggest that you speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding your situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
10/24/2016
Topic:
Spousal sponsorship and work permit extension

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You may want to confirm with the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre .

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
10/25/2016
Topic:
Can I Sponsor my Brother and Spouse?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some detailed information on what the requirements are to be eligible for this type of sponsorship are on the Citizenship and Immigration Canada (CIC) website in the Determine your eligibility – Sponsor your eligible relatives(CIC) section.

Here is an excerpt of the requirements,

Who you can sponsor

You can sponsor:

-brothers, sisters, nephews, nieces, or grandchildren who are orphaned, are under 18 and do not have a spouse or common-law partner,

-relatives of the above (for example, spouse, partner and dependent children) who will come with them to Canada, or

You can sponsor one relative of any age or relationship, but only if you do not have one of these living relatives who could be sponsored as a member of the family class:

-spouse or common-law partner,
-conjugal partner,
-son or daughter,
-parent,
-grandparent,
-sibling, or
-uncle, aunt, nephew or niece, and

you do not have any relative who is a:

-Canadian citizen,
-permanent resident or
-registered Indian under the Indian Act.

Who you cannot sponsor

You cannot sponsor other relatives, such as brothers and sisters over 18, or adult children who support themselves financially.

If they apply to immigrate under the Skilled Worker Class, they may get extra points for having a relative in Canada.


As you may have noticed, it is not easy to meet these requirements.

You can find some information on how your brother may be eligible apply to immigrate to Ontario in our Settlement.Org How can I apply to immigrate to Ontario? article.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
10/25/2016
Topic:
Replacing my Misplaced S.I.N Card

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be very concerned about this situation.

You can find some detailed information in our Settlement.Org What do I do if my SIN is lost or stolen? article. Please note that this is generally the process when it has been lost definitively. You may want to contact your local Service Canada Centre directly to explain the situation and for some information regarding what the process may be.

Here is an excerpt,

Report this to your local Service Canada Centre as soon as possible.

In addition, Service Canada recommends that you:
  • Report this to the police.
  • Review your bank account and credit cards for any unusual activity.
  • Watch your mail for any changes or disruptions.
  • Get a credit report to check for unusual activity.
It is important to keep your SIN card or confirmation of SIN letter safe and report a missing card or letter right away. If someone finds your card or letter they could use the information to commit fraud against you or someone else.

You can request a replacement confirmation of SIN from your local Service Canada Centre. However, Service Canada no longer provides plastic SIN cards. If you do not remember your SIN, your income tax return will include the number.

You can also call Service Canada for more information: 1-800-206-7218 (option 3).


I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
10/25/2016
Topic:
Regaining Residence

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

It is difficult for us to provide a definitive response because it is unclear if you were already a Permanent Resident of Canada or what your status in Canada was before you moved to the United States was.

There are many factors to consider.

If you could provide some additional information that would be helpful.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org